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Third Report from the Select Committee on Fictitious Votes, Ireland

30/07/1838

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Third Report from the Select Committee on Fictitious Votes, Ireland

Date of Article: 30/07/1838
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No Pages: 1
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4o 8 MINUTES OF EVIDENCE TAKEN BEFORE THE Richard Daly, Esq. I considered a very unfair effect; for, in my humble judgment, these persons ought to have been registered. i- July 1838. 15472. Do you remember, in all your experience before these barristers, more than these two cases ?— I do not, more than two or three. 15473. But it appears when there was the test of any arguable matter of fact, such as the existence of a lease, or a man having been six months in pos- session, nearly one out of every three were rejected ?— No, I think in the case where CO appeared, only 12 were rejected. 15474. But, on another occasion, out of 63, 25 were rejected ?— Yes, upon various grounds. 15475. Mr- Of Cornell.] Irregular notices?— Yes, a great many were rejected for irregular notices. 15476. Mr. Hogg.'] But, among all the registries, you cannot charge your recollection with more than two cases where they were rejected upon the score of deficiency of value ?— I cannot. 15477. Mr. O'Connell.] You said in your opinion there were fictitious votes, and you gave one instance ; can you give us another of Conservative fictitious votes ?— I can : one of the cases was that of Mr. Thomas Hurst Wetherelt; he was registered as a rent- charger on the 23d June 1836, as far as I recollect. That gentleman, on his cross- examination, said he lived with his father in Birr, that he was clothed and maintained by him ; that, by the face of the instrument, the rentcharge was granted to him for a period of two years. He admitted further that he only got one payment of the two years' rentcharge; that he got that payment to defray his expenses of going from Birr to Philipstown to be registered ; and he got it when he was about setting off for that purpose. He further admitted that, upon his cross- examination, he never saw the lands; that he did not know whether they were tenanted or not; that he did not know where they were, or who were the tenants; and I pressed Mr. Gibson that, under that body of evidence, there was every appearance of this rentcharge being granted, to answer an occasional purpose; and that it was of a fictitious description, inasmuch as if the claimant wished to resort to the land to make a distress he did not know where to go. Jovis, 19° die Julii, 1838. Mr. Curry. Mr. F. French. Mr. O'Connell. MEMBERS PRESENT. Mr. M. J. O'Connell. Lord Granville Somerset. LORD GRANVILLE SOMERSET, IN THE CHAIR. Richard Daly, Esq., called in; and further Examined. Richard Daly, Esq. * 5478. Mr. O'Connell. UPON your last examination you mentioned a list of fictitious voters; one a resident in Tullamore, as I remember ?— I did. 19 July 1838. 15479- What was the man's name ?— His name was Forbes. 15480. You detailed that case to the Committee; is there any other case?— There is. 15481. What is the other case?— The other case is that of Mr. Thomas Hurst Wetherelt. 15482. Was that the case of a rentcharge ?— Yes. 15483- You detailed that case also ?— Yes. . 154> § 4- Is Mr. Wetherelt a Conservative voter ?— He has not had an opportu- nity of voting as yet, but he is considered a Conservative. 15485. And was brought up upon the Conservative interest ? Yes. 15486. Is there any other case?— The other cases are the cases of Henry Burdett, John Burdett, Arthur Burdett, and Alexander M'Mullan. 15487. What objections are there to their votes?— They are rentchargers, and the Burdetts reside with their father; they have no distinct establishment of their
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